Property Damage
Colleen has experience of acting on behalf of both claimants and defendants in relation to property damage claims, including matters involving escapes of water, fire damage, electrical damage, road traffic accidents, as well as other causes of damage to property. Much of her drafting and advisory work involves subrogated recoveries.
Colleen’s recent work in this area includes:
Escapes of Water
- Advising on and subsequently settling the Particulars of Claim in relation to a property damage claim arising out of negligent installation of pipework at a residential property leading to three separate escapes of water which caused substantial damage.
- Advising the owner of a property as to the prospects of success of a proposed claim under the Defective Premises Act 1972 against a contractor alleged to have carried out pipework which led to a leak causing approximately £150,000 of damage and made the premises unfit for human habitation. Issues included whether there was sufficient evidence of the unworkman-like or negligent manner of carrying out the works.
- Settling the Defence on behalf of a sub-contractor alleged to have negligently installed plumbing and heating apparatus during the conversion of an apartment block, leading to flooding which caused almost £150,000 of damage. Issues included whether the sub-contractor had any design responsibility for the works in question and whether a duty to warn arose.
Fire Damage
- Advising the insurer of a housing association on the prospects of recovering its outlay under a property insurance policy in relation to fire damage allegedly caused by a tenant. Issues included whether it was possible to establish that the tenant caused the fire as well as application of the Rowlands principle.
- Settling the Particulars of Claim in a High Court claim against a motor vehicle body repairing company whose breaches of the Health and Safety Executive publication on Safe Use and Handling of Flammable Liquids led to a serious fire which spread to and destroyed a neighbouring commercial premises (during pupillage).
- Settling the Particulars of Claim in a High Court case concerning the failure of a residential school to adequately supervise pupils so as to prevent them causing damage to a local grade II listed historic building (during pupillage).
- Drafting a position statement for pre-action mediation on behalf of a party who installed a wood burning stove at a property which was subsequently subject to a serious fire. Issues included responsibility for the construction of and knowledge of the composition of a combustible wall adjacent to the stove, as well as compliance with the relevant Building Regulations (during pupillage).
Electrical Damage
- Obtaining strike out in a property damage claim in which she represented a well-known energy company accused of negligent installation of a smart meter leading to a power surge which damaged electrical appliances.
Road Traffic Accidents
- Settling the Particulars of Claim on behalf of a property owner who suffered significant losses following a vehicle driving into his premises.
- Uncovering a seemingly insignificant date of signature in a large volume of documents which she used to successfully argue for the dismissal of a property damage claim in its entirety, despite liability having been admitted.
- Representing a highway authority in a claim alleging a failure to maintain a highway in accordance with the Highways Act 1980, leading to damage of a vehicle. Colleen raised a section 58 defence to argue that such care as in all the circumstances was reasonably required had been taken.
- Succeeding in a late application for permission to rely on expert evidence from an engineer speaking to causation and quantum despite opposition from the other side on the basis that we were only a month away from trial.
Other
- Securing judgment for the Claimant in a property damage claim against a removals company. The case turned on interpretation of contract terms between the parties and the Consumer Rights Act 2015.
- Settling the Defence on behalf of a sub-contractor engaged to erect perimeter protecting fencing. During ground excavation, the company allegedly damaged underground electricity cables owned by a distribution network operator. Issues included the main contractor’s responsibilities with regard to providing information to the sub-contractor about the location of underground services and identifying the same (during pupillage).
- Settling the Defence on behalf of company engaged to install windows at a residential property. The company allegedly failed to carry out a pre-work survey leading to the installation of unsuitable windows which caused structural damage to the property requiring substantial remedial work. Issues included compliance with the relevant Building Regulations.
- Settling the Defence on behalf of a flooring specialist alleged to have negligently carried out repairs to damaged flooring in a school’s sports hall, leading to substantial further damage and the needs for repairs in the sum of £100,000. Colleen advised on and drafted Part 20 proceedings against the original installer of the flooring.
Selected Cases
View full profile »Awards
- Dean’s Award for Best Academic Performance in MA Law (Conversion)
- Inner Temple Duke of Edinburgh Entrance Award
- Inner Temple Major Scholarship
- Inner Temple Exhibition Scholarship
- Winner of the Aqeel H. Noorali Moot Cup
- Winner of the Oxford Bar Society Non-Law Moot
- Winner of the 2 Hare Court Mock Trial
- Various Collections Prizes from Oriel College, University of Oxford
News
- Members of Crown Office Chambers recognised for their Pro Bono work
- Crown Office Chambers welcomes two new tenants
Events
Blogs
Qualifications
- BA French and German (First Class), University of Oxford
- MA Law (Conversion) (Distinction), University of Law
- LLM Master of Laws (Distinction), University of Law
Memberships
- Commercial Bar Association (COMBAR)
- Technology and Construction Bar Association (TECBAR)
- The Society of Construction Law (SCL)
- Professional Negligence Bar Association (PNBA)
- London Common Law & Commercial Bar Association (LCLCBA)
- Young International Arbitration Group (YIAG)
- Personal Injury Bar Association (PIBA)
